Our commitments as a principled business
2.2 RESPECTING BUSINESS RULES AND ETHICS 2.2.1 PREVENTING BRIBERY, CORRUPTION AND TRADING IN INFLUENCE Corruption and influence peddling in all their forms are punished as criminal offences, resulting in significant fines and sentences for both companies and individuals involved in corrupt practice, even indirectly. In accordance with the various applicable laws regarding the prevention of corruption and influence peddling, including the French “Sapin 2” law3, the UK Bribery Act and the US FCPA4, Accor has implemented measures to detect and prevent bribery and trading in influence offences in France and abroad. The Group applies a zero-tolerance policy for any offence of this type. Anyone committing such an offence will be liable to disciplinary sanctions that may result in dismissal for misconduct of the employee or employees concerned, civil court proceedings or criminal prosecution. DEFINITIONS There are two types of bribery: ̸ active bribery is where a natural person or corporate entity, at any time, induces or seeks to induce another person holding public office or working in the public sector or a person working in a private position or capacity, by means of gifts, promises or advantages, to do, delay or abstain from doing any action relating to or facilitated by their office, duties or work. Such natural persons and corporate entities are described as bribing parties. ̸ passive bribery is where persons holding public office or working in the public sector or persons working in a private position or capacity, take advantage of their job or position, by soliciting or accepting, at any time, gifts, promises or advantages in return for carrying out or abstaining from carrying out any action relating to their office, duties or work. Such persons are described as the parties being bribed. These two offences, although complementary, are separate and self-contained. Bribery is said to be «public» where the party being bribed is a public official or holds a public mandate and «private» where the party being bribed does not hold public office or work in the public sector.
Trading in influence (or influence peddling) is an offence whereby a person holding public office or working in the public sector or a person working in a private position or capacity, solicits or accepts, at any time, directly or indirectly, offers, promises, donations, gifts or advantages, for themselves or for a third party, to use their real or supposed influence with a view to procuring distinctions, jobs, contracts or any other favourable decision from a public authority, government service or administration. In the same way as bribery, trading in influence may be: ̸ active or passive; ̸ private (if the go-between is a private person) or public (if the go-between holds public office or works as a public servant). Both bribery and trading in influence are totally contrary to Accor’s values: ̸ they are unacceptable, irrespective of the reasons for engaging in them; Accor enforces a zero-tolerance policy against bribery and influence peddling; ̸ they are damaging to the communities in which we operate; ̸ they are seriously damaging to the company.
3/ Law No. 2016-1691 of 9 December 2016 (Transparency, Anti-Corruption and Modernisation of Economic Life Act) 4/ US Foreign Corrupt Practices Act
17
